Ordinance 2990CITY OF ALAMEDA ORDINANCE No. 2990
New Series
Amending Municipal Code Subsection .30-1 (R-, One-Family Residence
Districts) Of Section 30-(District Uses And Regulations) Of Article I (ZoningDistricts And Regulations) Of Chapter XXX (Development Regulations) By
Deleting Subsection 30.4.1 In Its Entirety And Replacing With A New Subsection
30-1 To Allow Ministerial Approval Of Secondary Units On Sites Having A
Single-Family Dwelling And Meeting Specific Standards
WHEREAS , in 2002 the State Legislature restated its commitment to
second units as a valuable form of housing with the passage of Assembly Bill1866, which amends Government Code Section 65852.2 by eliminating the
authority to require a conditional use permit or any discretionary review for second
units and mandating ministeriaLapproval of such units; and
WHEREAS , Section 65852 authorizes a local agency to (i) designate
areas where second units may be permitted based on criteria that may include
adequacy of sewer services , impact on traffic flow or other factors identified by the
City; and (i1) impose standards that include parking, height , setbacks , lot coverage
architectural review , maximum size and standards that prevent adverse impacts to
real property listed on the Ca iifornia Register of Historic Places; and
WHEREAS , Section 65852.2 also allows a local agency to provide in an
ordinance that second units do not exceed the allowable density for the lot upon
which the second unit located , and that second units are a residential use that is
consistent with the existing general plan and zoning designation for the lot; and
WHEREAS , the Alameda Planning Board has held public hearings and
recommended adoption of a second unit ordinance to the City Council; and
WHEREAS , the City Council wishes to permit second units , subject to the
standards identified in this ordinance , in all residential areas of the City; and
WHEREAS , the City wishes to establish the ministerial approval of second
units , subject to established standards and criteria , in compliance with the
standards in Government Code Section 65852.2; and
WHEREAS , the City wishes to require off-street parking for second units in
a manner consistent with such requirements throughout the city; and
WHEREAS , the adoption of this ordinance regarding second units
residential zones district to implement the provisions of Government Code Section
65852.is statutorily exempt from the California Environmental Quality ActCEQA") pursuant to Public Resources Code Section 21080.17 and CEQAGuidelines Section 15282(i).
NOW , THEREFORE , THE CITY COUNCIL OF THE CITY OF ALAMEDADOES ORDAIN AS FOLLOWS:
Section 1. Ordinance Adoption. Subsection 30-1 (R-, One-Family ResidenceDistrict) of Section 30.4 (District Uses and Regulations) of Article I (ZoningDistricts and Regulations) of Chapter XXX (Development Regulations) of the
Alameda Municipal Code is hereby deleted in its entirety and replaced with a new
subsection 30-1 to read as follows:
30-1 R-, One-Family Residence District.
a. General. The following specific regulations , and the general rules set forth
in Section 30-, shall apply in all R-1 Districts as delineated and described in
the zoning maps. It is intended that this district classification be applied in
areas subdivided and used , or designed to be used for one-family residentialdevelopment, and that the regulations established will promote and protect a
proper residential character in such districts.
b. Uses Permitted.
1. One-family dwellings , including private garages , accessory buildings and
uses; reconstruction of destroyed two-family dwellings , provided that allzoning requirements other than density shall be met and that any
requirement that would reduce the number or size of the units shall not
apply; private , noncommercial swimming pools , boat landings , docks , piersand similar structures; and home occupations in compliance with the
standards as set forth in Section 30-2 of this Code , to the satisfaction of the
Planning and Building Director. Upon the approval of the Planning and
Building Director , a Registration of Home Occupation form shall be
completed and filed with the Planning and Building Department. Any property
owner aggrieved by the approval or non-approval of the Planning and
Building Director shall have the right to appeal such action to the City
Planning Board in the manner and within the time limits set forth in Section
30-25 of this Code. Nothing contained herein shall be deemed to deny the
right of appeal under Section 30-25 following the determination of the City
Planning Board.
2. Agriculture , horticulture , home gardening, excluding retail sales of nursery
products or the raising of rabbits , dogs , fowl or other animals for commercial
purposes.
3. Underground and above ground utility installations for local service , exceptthat substations , generating plants , gas holders , and transmission lines must
be approved by the Planning Board prior to construction.
4. Public parks , schools , playgrounds , libraries , fire stations and other public
buildings and uses included in the General Plan.
5. Signs: As provided in Section 30-6 of these regulations.
6. Multiple houses.
7. Family day care homes , Large and Family day care homes , as licensed by
the State of California.
8. Residential care facilities providing care for no more than six (6) persons.
9. Second Units on a single parcel containing one single-family dwelling,
when in compliance with the following standards:
(a) All building coverage , yard areas , and setback requirements of the R-
District shall be met for new structures and additions to existingdwellings intended for second units , unless the requirements for
exceptions provided for in the Chapter 30 , of the Alameda Municipal
Code are met. Second units are not accessory structures.
(b) Aggregate lot coverage of building footprint(s) and nonpermeable
surfaces shall not exceed 60%.
(c) The minimum lot size on which a Second Unit shall be allowed is 7 500
square feet.
(d) A Second Unit may be attached to or detached from the primary living
unit.
(e) When detached from the primary dwelling, the design of the Second
Unit shall be consistent with that of the primary residence , incorporating
the same materials , colors and style as the exterior of the primary
dwelling, including roof materials and pitch , eaves , windows , accents
distinctive features , and character defining elements.
(f) W hen attached to the primary dwelling, the design of the Second Unit
shall appear as an integral part of the primary dwelling and incorporate
the same materials , colors and style as the exterior of the primary
dwelling, including roof materials and pitch , eaves , windows , accents
distinctive features , and character defining elements. Creation of the
second unit shall not involve any changes to existing street-facing walls
nor to existing floor and roof elevations
(g) An attached Second Unit shall have no more than one bedroom and
contain no more than 600 square feet of habitable space , including the
stairwell contained entirely within the second unit , if any, or be no more
than 50 percent of the primary living unit , whichever is less. In no case
shall the attached Second Unit be less than 350 square feet.
(h) A detached Second Unit shall have no more than one bedroom and be
no more than 600 square feet of habitable space and no less than 350
square feet of habitable space , including the stairwell contained entirely
within the second unit , if any. Detached Second Units may exceed one
story when the primary dwelling has more than one story; otherwise
, thedetached Second Unit may not exceed 16 feet in height , unlessadditional height is required to match the roof pitch of the primarydwelling. The Second Unit shall maintain the scale of and be visuallycompatible with adjoining residences and the residences in theimmediate vicinity.
(i) Utilities extended to a detached Second Unit shall be underground.
0) No protected tree(s) shall be removed to accommodate a Second Unit.
(k) Property owner shall record a deed restriction prohibiting the separate
sale of the Second Unit.
(I) The Second Unit shall have one permanently surfaced parking space.
The parking space shall be located in accordance with Section 30-
Location of Parking Spaces and Prohibited Parking Areas.
(m) The parking space for the Second Unit shall function independently ofother parking spaces on the site. A tandem parking space shall notcount as meeting the required parking for the Second Unit
(n) Building permits for Second Units shall be issued when all the above
standards are met. No discretionary action is required.
(0) If applications for building permits for Second Units are rejectedbecause the application fails to meet the standards listed herein , anyappeal of that action shall be considered by the Planning and BuildingDirector, who shall take action on the appeal based solely upon theSecond Unit approval standards listed in Subsection 30-1 (b) (9), (a)through (s), of the Alameda Municipal Code.
(p) Second Units which conform to the requirements of this section shallnot be considered to exceed the allowable density for the lot upon whichit is located and deemed a residential use consistent with the general
plan and zoning designation of the lot.
(q) Second Units that do not conform to the standards of this section may
be established with use permit and design review approval.
(r) Before obtaining a second unit building permit , the property owner shallfile with the county recorder a declaration or an agreement of
restrictions , which has been approved by the City Attorney as to its formand content , containing a reference to the deed under which the
property was acquired by the owner and stating that:
(1) The second unit shall not be sold separately.
(2) The restrictions shall be binding upon any successor in
ownership of the property and lack of compliance shall result in
legal action against the property owner.
(s) Nothing in this section supersedes requirements for obtaining
development permits pursuant to this chapter or for properties subject to
the preservation of historical and cultural resources set forth in section
13-21 of Chapter XIII of the Alameda Municipal Code.
c. Uses Requiring Use Permits.
It is the intent in this paragraph that the following uses shall be reviewed by
the Planning Board for their appropriateness in a specific location , or forsuch other factors as safety, congestion , noise , and similar considerations.
1. Public parks , schools , playgrounds , libraries , fire stations and other public
buildings and uses not included in the General Plan.
2. Private and religious schools , day care centers and churches.
3. Community care facilities not listed under uses permitted.
4. Temporary tract sales offices , advertising signs , construction offices
equipment storage yards or structures therefore , which are incidental to the
development during the construction and/or sales period.
5. Automobile parking lots and ancillary facilities for ferry terminals serving
the general public , provided that
(a) Parking lots and ancillary facilities adjoin a commercial planned
development zoned area or an industrially zoned area in which terminals are
permitted;
(b) There is an entrance to the automobile parking lots and ancillary facilities
for ferry terminals adjacent to nonresidential areas; and
(c) Any additional parking lot entrances adjacent to residentially zoned areas
shall be allowed only if conditions are imposed to minimize the nonlocal
automobile traffic to the terminal through the residential areas.
d. Minimum Height , Bulk and Space Requirements.
1. Lot Area: Five thousand (5 000) square feet per dwelling unit.
2. Lot Width: Fifty (50') feet.
3. Maximum Main Building Coverage: Forty (40%) percent of lot area;
provided , however , that where the garage is attached to the main building
the permitted lot coverage may be increased to forty-eight (48%) percent.
4. Building Height Limit: Not to exceed thirty (30') feet.
5. Front Yard: Twenty (20') feet. In any full block frontage of lots in a new
residential development the Planning Board may approve front yards which
vary from fifteen (15') to thirty (30') feet , provided that the average of all front
yards in the block shall not be less than twenty (20') feet.6. Side Yard: Side yards shall total not less than twenty (20%) percent of the
lot width (as defined in Section 30-2--Definitions), and no side yard may
either be less than five (5') feet or be required to be more than ten (10') feet.The side yard on the street side of a corner lot shall not be less than ten (10'
feet.
7. Rear Yard: Twenty (20') feet. Not more than forty (40%) percent of the
rear yard , as defined in Section 30-2 may be occupied by accessory
buildings or structures (swimming pools excepted).
8. Yards for Corner Lot Adjacent to Key Lot: The side-yard setback on thestreet side of the corner lot , within twenty feet (20') of the side property line
of the key lot , shall be equal to the front-yard of the key lot , as defined in
Section 30-
, "
yard , front " and no structure , excluding barriers , may bepermitted within five (5') feet of the rear property line on the corner lot.
9. Off-Street Parking Space: As regulated in Section 30-7 of this Code.
Section 2. Severability Clause. It is the declared intent of the City Council of
Alameda that if any section , subsection , sentence , clause , phrase , orprovision of this ordinance is held invalid or unconstitutional by a court of
competent jurisdiction , such invalidity or unconstitutionality shall not be so
construed as to render invalid or unconstitutional the remaining provision of
this ordinance.
Section 3. All former ordinances or parts thereof conflicting or inconsistent
with the provisions of this ordinance hereby adopted , to the extent of suchconflct only, are hereby repealed.
Section 4. This ordinance and the rules , regulations , provisionsrequirements, orders , and matters established and adopted hereby shall take
effect and be in full force and effect from and after the expiration of thirty (30)
days from the date of its final passage.
Attest:
residing Cflfic
Lara Weisiger , City Clerk
City of Alameda
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, the undersigned , hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the day of March , 2009 by the following vote to wit:
AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of
said City this 18 day of March , 2009.
Lara Weisiger , City Cler
City of Alameda